Mann v. White Marsh Properties, Inc.

RODOWSKY, Judge.

This case presents a variation on a common theme. We shall hold that summary judgment was properly granted where there were conflicting inferences, because the conflicting inferences were not of material fact. That result occurs in this purchaser’s specific performance action where the purchaser’s sole avoidance of a Statute of Frauds defense is part performance. The undisputed acts relied on for part performance may, or may not, relate to a contract for the purchase and sale of realty. Accordingly, the acts are legally insufficient to satisfy the Statute.

Prior to September…